California 2013-2014 Regular Session Status: Passed Senate

SB 893 — Automated license plate recognition systems: use of data.

Last action — Died on the inactive file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate recognition (LPR) technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law prohibits the department from selling the data or from making the data available to an agency that is not a law enforcement agency or an individual that is not a law enforcement officer. Existing law authorizes the department to use LPR data for the purpose of locating vehicles or persons reasonably suspected of being involved in the commission of a public offense, and requires the department to monitor the internal use of the data to prevent unauthorized use and to submit to the Legislature, as a part of the annual automobile theft report, information on the department's LPR practices and usage. This bill would impose specified requirements on an "ALPR operator," as defined, including, among others, complying with all applicable statutory and constitutional requirements and the provisions of the bill, ensuring that the information or data the ALPR operator collects is protected with certain safeguards, and implementing and maintaining specified security procedures and a usage and privacy policy with respect to that information or data. This bill would also prohibit an ALPR operator from collecting license plate data when a license plate number is not in public view. The bill would require an ALPR operator that accesses or provides access to information or data collected through the use or operation of an ALPR system to maintain a specified record of that access. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused that violation. (2) Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law defines "personal information" for these purposes to include an individual's first name and last name, or first initial and last name, in combination with one or more designated data elements relating to, among other things, social security numbers, driver's license numbers, financial accounts, and medical information. This bill would include information or data collected through the use or operation of an automated license plate recognition system, when that information or data is not encrypted and is used in combination with an individual's name, in the definition of "personal information" discussed above.

Bill Text

Action History

  1. Died on the inactive file.

  2. Ordered to inactive file on request of Senator Hill.

  3. Ordered to third reading.

  4. Senate Rule 29.3 suspended. (Ayes 21. Noes 11. Page 3699.)

  5. Read third time and amended. (Ayes 26. Noes 5. Page 3699.)

  6. Reconsideration granted. (Ayes 36. Noes 0. Page 3668.)

  7. Motion to reconsider made by Senator Hill.

  8. Read third time. Refused passage. (Ayes 18. Noes 15. Page 3668.)

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3704.) (May 23).

  11. Set for hearing May 23.

  12. Placed on APPR. suspense file.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  14. Set for hearing May 12.

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3235.) (April 22).

  17. Set for hearing April 22.

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  19. Referred to Com. on JUD.

  20. From printer. May be acted upon on or after February 13.

  21. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Hill

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 2001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Hill — Yea
Knight — Yea
Lara — Yea
Roth — Yea
Steinberg — Yea
Wright — Not Voting
Correa — Yea
Evans — Yea
Wyland — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Fuller — Yea
Galgiani — Yea
Hancock — Yea
Hernandez — Yea
Hueso — Yea
Huff — Yea
Corbett — Not Voting
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Torres — Yea
Vidak — Yea
Walters — Yea
Wolk — Yea
DeSaulnier — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

3rd Reading

Failed 18 Yea · 15 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 161506
Democratic 2001
Total 181507
% of votes cast 45%38%0%18%
How each member voted (40)
Member Party Vote
Block — Yea
Hernandez — Not Voting
Huff — Nay
Leno — Yea
Steinberg — Yea
Wolk — Not Voting
Evans — Nay
Pavley — Yea
Cannella — Nay
Wright — Not Voting
Mitchell — Yea
Wyland — Nay
De León — Yea
Galgiani — Nay
Corbett — Yea
Hill — Yea
Hueso — Yea
Knight — Nay
Lara — Yea
Correa — Nay
Anderson — Nay
Beall — Yea
Lieu — Yea
Liu — Not Voting
Monning — Yea
Morrell — Nay
Nielsen — Nay
Roth — Not Voting
Torres — Yea
Vidak — Nay
Walters — Nay
DeSaulnier — Yea
Fuller — Nay
Yee — Not Voting
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Steinberg — Yea
De León — Yea
Hill — Yea
Walters — Nay
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 893 do?
(1) Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate recognition (LPR) technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law prohibits the department from selling the data or from making the data available to an agency that is not a law enforcement agency or an individual that is not a law enforcement officer. Existing law authorizes the department to use LPR data for the purpose of locating vehicles or persons reasonably suspected of being involved in the commission of a public offense, and requires the department to monitor the internal use of the data to prevent unauthorized use and to submit to the Legislature, as a part of the annual automobile theft report, information on the department's LPR practices and usage. This bill would impose specified requirements on an "ALPR operator," as defined, including, among others, complying with all applicable statutory and constitutional requirements and the provisions of the bill, ensuring that the information or data the ALPR operator collects is protected with certain safeguards, and implementing and maintaining specified security procedures and a usage and privacy policy with respect to that information or data. This bill would also prohibit an ALPR operator from collecting license plate data when a license plate number is not in public view. The bill would require an ALPR operator that accesses or provides access to information or data collected through the use or operation of an ALPR system to maintain a specified record of that access. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused that violation. (2) Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law defines "personal information" for these purposes to include an individual's first name and last name, or first initial and last name, in combination with one or more designated data elements relating to, among other things, social security numbers, driver's license numbers, financial accounts, and medical information. This bill would include information or data collected through the use or operation of an automated license plate recognition system, when that information or data is not encrypted and is used in combination with an individual's name, in the definition of "personal information" discussed above.
Who sponsors SB 893?
SB 893 is sponsored by Hill.
What is the current status of SB 893?
This bill died with 2013-2014 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 893?
Track SB 893 free on One Click Politics — get push/email alerts when it moves.

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